KABUL ·GR ·C4R

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KABUL -GR -C4R May 7, 2007 1:51 PM PROUDFOOT Douglas Scott -FTAG -C4; LAPORTE Eric -I DR -C4 BUCK Kerry -FTAG -C4 ; FAIRCHILD David -FTAG -IRP -C4; GOLBERG Elissa -IRH-GHAC4; EXTOTT -DMA -C4; KANDH -C4R; KANDH -KAF -C4R; GIBBINS Christopher -FTAG C4; AHMAD Nadia -FTAG -C4; EXTOTT -FTAG -C4; EXTOTT -IRP -C4; KAPELLAS AnnaLDN -GR -C4; HOFFMANN Ron -LON -GR -C4; -HAGUE -C4R; ALEXANDER Vera -OGO PCO/BCP -C4R; SINCLAIR Jill -PCO/BCP -C4R; SINCLAIR Robert -GHH -C4; NOLKE Sabine -JLH -C4; NOHQ OTT ADM (POL) -C4 ; NDHQ OTT D NATO POL -C4; NDHQ +CEFCOM HQ -C4R; EXTOn -IRH -GHA -C4; EXT OTT -lOR -C4; KABUL -HOM -C4R; EXTOTT -IDO -C4; EXTon -IFM -C4; KABUL -GR -C4R; DIGANGI John -lSI -C4; PINNINGTON Phil-BNATO -GR -C4; BURGESS Anne E -BNATO -GR -C4; COOTER ChrisBNATO -GR -C4 KBGR0275 -- Afghan detainees: Request by AIHRC, and UK proposal

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CONFIDENTIAL

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2009 11

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D-HO -() 3 I \ b- L 09 l-

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13. 'Tripartite' proposal. In order to assist with access, Samar said the AIHRC would like to enter into a "tripartite" arrangement between the GoA, interested ISAF nations and itself. This arrangement -- AIHRC suggested a MoU -- would confirm AIHRC officials' right of access. This right, said Nadery, stems from two legal rights: i) Afghan law establishing the AIHRC (Zellenrath said the Dutch consider this law supersedes the 1978 NDS law, which is secret) and ii) the existing of or a 'clarification! MoUs between the ISAF nations and the GoA. Zel interpretation,' would work as an alternative to an MoU

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20. Follow-up meeting with AIHRC. Yesterday afternoon, HOM! Lalani, along with ADM Poll Rigby and MGen Ward, met separately with AIHRC. At that meeting, HOM assured Dr. Samar that we would test our new arrangement -- and AIHRC access to NOS facilities in Kandahar - as soon as possible . 21. Recommendations: i) It is in Cdn interests to work for improved AIHRC access . ii) In cooperation (and good company) with UK, their proposal in our view makes sense. However, we should put some money behind our political support. iii) We should give a positive response to the UK but also move forward to test monitoring access in Kandahar with the current arrangement as soon as possible.

Drafted: Bloodworth, Colvin Approved: Lalani

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